Political Science

March 19, 2011

Chapter 3 Federalism

federalism- Power-sharing arrangement between the national and state governments in which some powers are granted to the national government alone, some powers are reserved to the states, some powers are held concurrently, and other powers are prohibited to either or both levels of government.

enumerated powers- Powers specifically allocated to the national government alone by the Constitution.

implied powers- Power necessary to carry out constitutionally enumerated functions of government.

reserved powers- Powers constitutionally allocated to the states.

police powers­- Authority states utilize to protect the health and welfare of their residents.

concurrent power- Powers shared by both state and national governments.

prohibited powers- Powers denied one or both levels of governement.

nullification- Doctrine that asserted the right of states to disregard federal actions with which they disagreed.

dual federalism- Approach to federal-state relationships that envisions each level of government as distinct and authoritative within its own sphere of action.

cooperative federalism- Federal-state relationship characteristic of the post-New Deal era that stressed state and federal partnership in addriessing social problems.

creative feralism- Ferderal-state relationship that sought to involve local populations and cities directly in addressing urban problems during the 1960s and 1970s.

revenue sharing- A grant program begun in 1972 and ended in 1987 that funneled money directly to states and local governments on the basis of formulas that combined population figures with levfels of demonstrated need.

devolution- A movement that gained momentum in the 1980s to grant states greater authority over the local operation of federal programs and local use of federal funds.

categorical grants- Federal programs that provide funds for specific programs such as flood assistance.

block grants- Federal programs that provide funds for broad catagories of assistance such as health care or law enforcement.

program grants- Federal programs that provide funds for very narrow purposes and contain clear time frames for completion-e.g., construction of a portion of highway.

formula grants- Federal programs that use mathematical calculations or demographic factors to allocate funds to states or localaties.

federal mandates- Federal requirements imposed on state and local governments, often as a condition for reciving grants.

unfunded mandates- Requirements imposed on state and local government for which the federal government provides no fund for compliance.

intergornmental lobbies- Professional advocacy groups representing various state and local governing bodies.

full faith and credit- Consitutional provision requiring each state to recognize legal transactions authorzied in other states.

privelges and immunities- Constitution phase interpreted to refer to fundamental rights, such as freedom to make a living, and access to the political and legal processes of the state.

interstate compacts- Cooperative agreements made between states, subject to congrassional approval, to address mutual problems.

Summary/Outline:
How is power dispersed in American federalism?

·        The Constitution grants some powers, called enumerated, to the national governments. The power to decare war is one example.

·        It reserves other powers for the states. For example, state governments are empowered to create cities and towns.

·        It allows some powers, like taxing and spending, to be shared jointly.

·        It prohibits both levels of government from taking certain actions like passing ex post facto laws.

How have the powers of the national and state governments evolved over the nation's history?

·        Ferdralism has produced periodic shifts in the realtive strength of the national and state governments, sometimes strenthening the national government and sometimes weakening it.

·        From our founding until about 1832, the national government asserted broad powers, particularly through court decisions that affirmed the supremacy of national law.

·        From 1832 until the Civil War, a period of dual federalism dominated in which national and state powers were kept fairly distinct, like the layers of a cake.

·        After the war, the courts granted more powers to the states, particularly in the arena of economic regualtion.

·        The New Deal produced dramatic grwoth in the powers to the states, particaularly in the arena of economic regulation.

·        The New Deal produced dramatic growth in the powers of the national government despite resistance by the courts.

·        From about 1937 until the 190s, the national and state governments forged cooperative patnerships in addessing social problems, with each partner contributing something to a mix sometimes described as a marble cake.

·        The 1960s and 1970s witnessed a period of creative federalism as the national goverment, in particular, experimented with new ways of addressing local problems directly.

·        Ronald Reagan initiated an era of dvolution in which the national government turned more power and responsibility for programs over to the states and local governments.

What factors influence relations between nationaland state governments today?

·        National-state relations are influenced by fiscal and political relations as well as by constitutional and legal controls.

·        The national government shares resources with the states by making available various types of grants.

i.Categorical grants- provide funds for very specific programs and may come with a wide variety of strings attached.

ii.Block grants- fold money for programs into broader categories and provide for more local discretion in spending.

iii.Program grants- often provided fore a limited time.

iv.Formula grants- distribute money according to calculations based on local needs.

·     Members of Congress often prefer to provide categorical grants over which they retain some control. State and local officials often prefer block grants that provide more local discretion. State and local official often complain about mnandates that require states to provide services but do not provide necessary resources.

·     Conflicts over the powers of the state and national governments often revolve around legal issues raised by the Tenth Amendment, which reserves to the states powers not granted to the federal government, and the Eleventh Amendment, which limits the legal liability of state governments.

·     Larger, wealthier states with substantial urban populations and policy entrepreneurs are more likely to innovate with the resources provided by the federal government.